Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
A proposal contained in the 2013–15 state budget would direct the department to develop emergency rules allowing final implementation of provisions from the White-tailed Deer Trustee's Report as soon as the 2014 deer season. If that proposal is enacted, the department will prepare a scope statement for emergency rules that will be similar to this scope statement.
Detailed Description of the Objective of the Proposed Rule
There has been dissatisfaction with various issues related to white-tailed deer management and hunting in Wisconsin. Gubernatorial candidate Scott Walker made a promise to appoint a “Deer Trustee" to review programs. In October of 2011 Dr. James C. Kroll, officially known as Wisconsin's white-tailed deer trustee, entered into a contract with the State of Wisconsin to conduct an independent, objective and scientifically-based review of Wisconsin's deer management practices. The White-tailed Deer Trustee's report was released to the public in July, 2012.
The objective of these proposed rules is to work with sportsmen and sportswomen and other stakeholders in order to implement ideas and solutions from the Deer Trustee's report to forge a new age for deer management.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Implementation of the Deer Trustee's report will result in establishing significant new policies for deer management and hunting management compared to current rules. The primary policy alternatives being analyzed and considered are ones recommended in the report. Throughout this rulemaking process, the department and its partners may evaluate other policy alternatives as they are identified.
The full report is located on the Wisconsin Department of Administration's website at:
http://www.doa.state.wi.us/ section.asp?linkid=239&locid=0
Ch. NR 1 related to Natural Resources Board Policies
Ch.
NR 1 establishes a general framework for the department's wildlife and forestry management activities. The department is reviewing the report with this framework in mind and will recommend modifications that are consistent with the report. These rules are likely to shift away from deer population goals expressed in specific numbers of animals in favor of more general population goals. The basis for establishing deer population goals may also be modified by these rules. The department may revise what it considers to be tolerable levels of crop damage. The chapter currently addresses wildlife habitat management policy and those provisions may be strengthened or made more specific based on significant wildlife habitat related recommendations in the report. Development of a Young Forest Initiative Task Force may be addressed in this chapter as well as a Deer Management Assistance Program. Deer research priorities may also be a topic that is addressed in this policy-setting chapter. This chapter will be amended to maintain cross-reference citations with Ch.
NR 10.
Ch. NR 8 related to License and Permit Procedures
Ch.
NR 8 establishes standards and procedures for the automated license issuance system. These rules may recommend changes if they are necessary to improve efficiency or flexibility in the issuance of licenses, as needs arise during development of new automated licensing systems, and to maintain cross-reference citations.
Ch. NR 10 related to Game and Hunting
This chapter establishes most of the deer population management policy and practices and hunting regulations that are in place today. Ch.
NR 10 establishes the Sex-Age-Kill model for estimating deer populations, deer population goals, and deer management units. These rules will replace the current population goals with a simplified goal statement to, “increase, stabilize, or decrease population density." These rules will establish a set of metrics to monitor progress towards the goal. These rules will reduce the number of deer management units and may combine farmland regions. The department will consider using county boundaries in place of the current unit boundaries.
These rules will simplify the regulatory process by setting antlerless harvest goals, regulations, and antlerless permit quotas on a three-to-five year cycle instead of annually under current rule. Historical demand for antlerless permits has not been a factor considered in quota setting in the past but would be a consideration under these rules. Through these rules, the department may eliminate free antlerless deer tags, currently referred to as herd control tags. These rules may establish a fee for antlerless tags which allow harvest of deer in its CWD management zones. Currently, some units have an unlimited number of antlerless deer permits available per hunter but, under this proposal, that may no longer be the case. Finally, these rules may establish antlerless deer permits and allow the establishment of quotas for public lands that are different from the permits and quotas that are established for privately owned lands in a management unit.
Simplifying the regulatory process and implementing a new population management goal system may require a variety of related hunting regulations changes. Changes may include the names for permits and the allowable use of various deer permits. Back tags worn by hunters, deer carcass tags, and tagging requirements may be modified or eliminated where possible in order to simplify regulations or as opportunities arise during development of new automated licensing systems. Deer registration and transportation requirements may be relaxed and, in their stead, more customer-friendly harvest reporting procedures established. Black bear are another species for which in-person registration of harvested animals is required. These rules may modify bear harvest recording requirements if that is practical because deer and bear registration occur at the same locations and through the same process under current rules.
The department may recommend deer hunting season date modifications as a result of this rulemaking. While the report generally recommends that, “keeping seasons and bag limits consistent for longer periods of time would allow better assessment of management progress", it is challenging to discuss management system changes of this scale without considering season dates. For instance, it may be possible to simplify hunting regulations by eliminating a one-day closure of the archery season on the day before the traditional nine-day firearm season opens. The timing of other seasons for youth, disabled hunters, or other special seasons may also be evaluated. A move to more “passive" management of CWD, as recommended in the report, may also involve changes to deer hunting season dates.
This rulemaking will establish a Deer Management Assistance Program that will allow landowners and hunters to work together with the department to manage deer on a site-specific basis. The program will actively involve members of the public in the collection, analysis, and reporting of deer harvest information and improve management of the deer herd. The department may establish enrollment fees for participation in the program and that money will be credited back to implementation. This is a central recommendation of the report and recommends that the department establish: a) applicability to private and public lands, b) initial areas eligible to participate, c) administration of DMAP, d) funding, e) personnel and training, f) minimum property size to participate, g) fees, h) participation requirements, i) data collection requirements, j) registration of deer harvested on DMAP properties, k) data analysis and reporting, and l) assessment of DMAP effectiveness.
The department does not intend to modify regulations on the method of deer harvest at this time. However if an ACT of the legislature modifies a legal method of harvest while this rule package is being promulgated, and related rule changes are needed, this rule package would implement an ACT of the legislature. Notably, the department is aware that changes to the allowable uses of crossbows are being considered.
The trustee's report generally recommends a more passive approach than current department policy to the management of Chronic Wasting Disease. CWD-related rulemaking will be correspondingly limited in this proposal. However, regulation changes related to disease testing protocol, harvest permits and other hunting regulations may be identified and included if they are consistent with the report. The department establishes separate population goals for deer units that are in a CWD zone. Those goals and methods of population estimation will be modified or eliminated by these rules.
These rules may make other modifications to deer hunting regulations if they can be characterized as simplifications. These may include changes to the allowable hunting hours or allowable guns, ammunition, and other devices.
Chs. NR 11 and 15 related to Closed Areas and Game Refuges
Modifications to Chs.
NR 11 and
15 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend changes to these chapters of administrative code. Additional modifications to these chapters may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch. NR 12 related to Wildlife Damage and Nuisance Control
Modifications to Ch.
NR 12 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend significant structural changes to the damage program. Additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch. NR 13 related to Chippewa Treaty Rights Participants
Chapter
NR 13 is intended to regulate off-reservation treaty rights of treaty rights participants recognized by Lac Courte Oreilles Band v. Voigt,
700 F. 2d 341 (7th Cir. 1983). Modifications to Ch.
NR 13 will likely be needed to update numerous cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend changes to this chapter of administrative code.
Ch. NR 19 related to Miscellaneous Fur, Fish, Game and Outdoor Recreation
Modifications to Ch.
NR 12 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. This section also contains regulations for feeding of wild animals and white-tailed deer related provisions which are not directly related to the report. Additional modifications to the chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch. NR 45 related to the Use of Department Properties
Modifications to Ch.
NR 45 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend specific changes to this chapter of administrative code. However, many regulations in this chapter apply to deer hunters who are using department managed lands. Additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Department authority to conduct a variety of habitat and wildlife management activities is established in ss.
23.09 (2) (b),
(d), and
(h),
(k) and
(km), and
(p), Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many of existing provisions of Ch.
NR 1 (Natural Resources Board Policy), Ch.
NR 11 (closed areas), Ch.
NR 15 (game refuges), and Ch.
NR 45 (use of department properties).
The primary authority to establish hunting regulations for deer and other species is established in s.
29.014, Stats. This section directs the department to establish and maintain open and closed seasons, bag limits, size limits, rest days, and other conditions for the taking of game that conserves the game supply and provides citizens with good hunting opportunities. This section authorizes many of the existing provisions of Ch.
NR 8 (license and permit procedures), Ch.
NR 10 (game and hunting) and Ch.
NR 19 (Miscellaneous Fur, Fish, Game and Outdoor Recreation).
The wildlife damage and nuisance program and rulemaking authority are established in s.
29.889 (2) (b), Stats., which directs the department to establish rules for program eligibility and funding, methods of abating damage, forms and procedures, prorating claims, and record keeping, audits and inspections. This is the authorizing legislation for much of Ch.
NR 12 related to wildlife damage.
Rules related to Chippewa treaty rights (Ch.
NR 13) are promulgated under general authority to establish hunting regulations in s.
29.014, Stats. and these rules are the department's interpretation of how laws must be interpreted or limited in order to comply with the general limitations on state regulatory authority expressed in Lac Courte Oreilles v. State of Wisconsin,
668 F. Supp. 1233 (W.D. Wis. 1987) and the specific limitations expressed in the regulatory phase of the Voigt litigation. (See e.g., Lac Courte Oreilles v. State of Wisconsin,
707 F. Supp. 1034 (W.D. Wis. 1989).
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that rule and program development will require the equivalent of 5 full time staff people, or 10,400 hours. This estimate includes developing new deer management programs in addition to time spent specifically on rule promulgation.
List with Description of all Entities that may be Affected by the Proposed Rule
White-tailed deer affect nearly every Wisconsin resident in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. A wide variety of groups and individuals will be interested in this proposed rule. Some groups include: Wisconsin Conservation Congress, Great Lakes Indian Fish and Wildlife Commission, Wis Farm Bureau Federation, WI Deer Hunters Assn., The Nature Conservancy, Whitetails Unlimited, WI Bowhunters Assn., WI County Forest Association, WI Woodland Owners Assn., Quality Deer Management Association, Rocky Mountain Elk Foundation, and the Sierra Club.
Groups registered to lobby the Wisconsin legislature within the last year, many registered specifically on these rules, include: WI Bear Hunter's Assoc., White-tails of WI, Safari Club International – WI Chapters, WI~Force, WI Wildlife Federation, National Rifle Assoc. of America, and the Assoc. of WI Snowmobile Clubs.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The department estimates that the economic impact of these rules will be moderate and, pursuant to
2011 Executive Order 50, will facilitate a 30 day period for comment on a draft economic impact analysis. The comment period will be held in late summer, 2013.
These rules will significantly modify rules that establish the department's habitat and deer harvest management strategies. Examples of the types of changes that could be made include; increased emphasis of habitat management on private land, use of different methods of measuring and estimating deer populations, and new ways to define and achieve desired deer populations or population trends. These rules will result in moderate revisions to regulations that apply to individual deer hunters. Examples of the types of changes that could be made include; eliminating or creating new deer management units, simplified harvest registration procedures, different deer hunting regulations on private versus public lands, and different uses and changes in the availability of antlerless deer harvest permits.
Deer population, harvest, and habitat management affect many entities in this state. A broad description of affected industries includes agriculture, forestry, tourism, and retail. Governments may be impacted by these rules because many do have programs to manage nuisance deer locally. Many non-profit groups are focused on natural resource conservation, wildlife resources, or deer in particular, and may be affected by these rules.
The department anticipates there may be moderate effects on the financial health of industries, governments, and groups. The department anticipates there will be moderate effects of these regulations for individual hunters and landowners. The longer comment period will allow 30 days for affected industries, governments, and groups to prepare comments that will be useful for preparation of the final economic impact analysis.
Affected entities are likely to base their evaluations of economic impact on their opinions of whether-or-not the rules will result in deer population increases, stabilization, or decreases. For instance, agriculture and forest-products interests may benefit from low deer populations and resulting low levels of crop and tree damage. The tourism and retail industries may benefit from high deer populations that result in greater enthusiasm and participation in deer hunting. This rule package will be designed to balance competing interests with a different approach than current rules.
It may be important to note that the department is statutorily prohibited from managing deer populations with regulations that require a hunter to first harvest an antlerless deer before harvesting a buck. The department also lacks rulemaking authority for certain deer hunting season frameworks. These changes to the department's regulatory authority result from recently enacted statutes and they will not be considered as part of an economic analysis prepared for these rules. While deer may have significant positive or negative impacts to different entities, removal of these harvest regulations likely moderates the economic impact of this rule package.
The department anticipates that there will be no or very few implementation and compliance costs for the affected entities. These rules will not establish reporting or compliance requirements or other regulations for small business. A possible outcome of these rules is the elimination of deer registration stations at local businesses throughout the state. The department will summarize the value of registration fees paid by the department to businesses, and related impacts of this voluntary program, in the economic impact analysis.
This is not a complete estimate of economic impacts but, rather, a summary which indicates that these rules could have moderate economic effects and that a longer period to gather information from affected entities is warranted. The final economic analysis for these rules may include descriptions of specific impacts of deer and deer hunting in this state based on surveys and research done by the department, other state and federal agencies, and affected industries. However, even though significant research exists, the impact of wild deer on the environment and to people under various conditions cannot be anticipated with exact precision. The final analysis will also include significant narrative descriptions of anticipated economic impacts.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
The 2013 Bureau of Wildlife Management housekeeping rule amending.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules only.
Detailed Description of the Objective of the Proposed Rule
These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, and provide clarification when appropriate. This rule package will amend regulations for hunting, deer carcass transportation, captive wildlife, possession of concealed handguns on DNR lands, and falconry found in Chs.
NR 10,
11,
12,
15,
16,
18, and
45.
Specifically, these rules would;
1.
Update administrative code language related to deer hunting seasons that are no longer in effect with the passage of 2011 ACT 50. This rule proposal makes changes of a housekeeping nature by striking rule language that is no longer in effect as a result of the ACT.
2.
Remove protective status for collared doves and monk parrots. Such protections could prevent management and control activities for these exotic species. [ss.
NR 10.04 and
12.05]
3.
Simplify the process for licensed waste haulers and deer pick-up contractors to remove deer carcasses from the CWD zone to transport them directly to a landfill. Current rules allow DNR to grant an exception to the rule for licensed waste haulers, but incorporating this language directly into administrative code would make the process easier. [s.
NR 10.105]
4.
Expand hunting opportunities for disabled waterfowl hunters by easing restrictions on concealment requirements. Boats that can carry a person in a wheelchair may not be able to meet the concealment requirements for waterfowl hunting. [s.
NR 10.12 (3)]
5.
Simplify the application process for conducting a Gun Deer Hunt for Hunters with Disabilities. Current application paperwork and procedures can cause undue hardship for hunt sponsors and a substantial amount of staff time is spent processing paperwork. [s.
NR 10.40]
6.
Update language pertaining to possession of concealed handguns on DNR lands to conform to state law. [chs.
NR 15 and
45].
7.
Relax fence standards for captive canines. Fence standards for canines could be more similar to captive bear fences rather than captive feline fences because canines are unlikely to climb fences. [ch.
NR 16]
8.
Update the falconry bag limit to include one hen pheasant. Under current rules, any hen pheasant killed by a falcon must be left to lie, even though the falcon does not differentiate between hen and rooster pheasants. [ch.
NR 18]
9.
Replace the word “Conibear" with the generic term “body gripping trap" to protect the Conibear
® trademark. [s.
NR 11.10]
11.
Simplify the regulations pertaining to entry into closed areas and waterfowl refuges to provide consistencies among properties. [chs.
NR 11 and
15]
12. The department may include other, minor, non-controversial rule proposals passed at the annual Spring Fish & Wildlife Hearings as advisory questions by the Conservation Congress.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest for conservation purposes.
Eurasian collared doves are currently a protected species in Wisconsin, and monk parrots are prohibited, but have become established in Chicago, and could naturally colonize in Wisconsin. These exotic species have a large reproductive output and an ability to adapt to a variety of habitats. Under current rules, Eurasian collared doves cannot be harvested, and permission from the DNR is necessary before destroying monk parrots or their nests. By classifying Eurasian collared doves as unprotected, and monk parrots as birds causing depredation, and thereby allowing their harvest by the public, the necessity of future management action for these two species could be reduced.
Under current rules, deer waste from the CWD management zone may only be disposed at a landfill within the CWD management zone unless permission to move the waste to a landfill outside of the CWD management zone is granted by the department. This change would allow private sector waste haulers to negotiate disposal contracts with landfills outside of the CWD management zone, which could allow private sector business more cost effective methods for disposing of deer waste.
Waterfowl hunters must be `concealed' in emergent vegetation as defined in NR 10.001(20) unless hunting one of the few lakes that allow open water hunting. Accessible boats may not be able to meet the concealment requirements because they may require deeper water to operate and it is therefore difficult to find emergent vegetation capable of meeting the definition of concealment. People with disabilities may also be physically unable to get into a smaller-sized boat that is capable of meeting the concealment requirement. This rule will make waterfowl hunting opportunities for people with disabilities more equitable.
The current application process for sponsoring a Gun Deer Hunt for People With Disabilities on private land is cumbersome. Streamlining the process will help to reduce costs associated with the application procedure for private sponsors as well as reduce the department's costs of administering the hunt.
